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YUDACUFSKI APPEAL

No. 2575 C.D. 1982.

93 Pa.Commw. 148 (1985)

In Re: Application of Herman Yudacufski. Herman Yudacufski, Appellant.

Commonwealth Court of Pennsylvania.

November 25, 1985.

Attorney(s) appearing for the Case

Lewis Kates, Kates, Livesey & Mazzocone, for appellant.

Scott M. Olin, Assistant Counsel, with him, Spencer A. Manthorpe, Chief Counsel, and Jay C. Waldman, General Counsel, for appellee.

Argued May 7, 1985, before Judges ROGERS, MacPHAIL and BARRY, sitting as a panel of three.

OPINION BY JUDGE BARRY, November 25, 1985:

This appeal results from an order of the Court of Common Pleas of Schuylkill County which sustained preliminary objections filed by the Commonwealth of Pennsylvania, Department of Transportation (DOT) and dismissed an application to convene the State Mining Commission filed by appellant Herman Yudacufski.

The factual history of this case dates back two decades. Appellant is the owner of both the surface rights and...

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